R K LALVELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner states that he is a qualified Pharmacist as per Certificate given by Assam Medical Examination Board long back in the year 1958 and it was confirmed by Assam Pharmacy Council, Shillong, in 1965. He was appointed as a Pharmacist i/e. Mobile Dispensary, Aizawal, by Civil Surgeon, Mizo, Aizawal in 1965. But he relinquished his post in the year 1975 to establish his own Pharmacy business at Kolasib Venglai and he was granted licence under Forms 20-A and 21 -A of the relevant provisions of Drugs and Cosmetics Act of 1940 by the concerned respondents and he continued to earn his livelihood by selling drugs.

(2.) That thereafter on the basis of being a qualified Pharmacist he applied for general drug licence under Forms 20 and 21 of the same Act and was granted the same in the year 1991. On applications the Respondents continued to issue the renewal licences under Forms 20 and 21 till 1996. That before the date of expiry of the licence by end of 1998 he applied for renewal by November, 1998 to Drug Inspector, Kolasib. But although otherpharmacist were granted renewal in time, his renewal certificate was issued to him on 15-8-2000 only but in down graded Forms of 20A and 21A. He made representations to concerned authorities but with no result.

(3.) That he continued in his efforts to get back the licence in original form but nothing happened and only on 30-10-2000 he was led to know that he cannot be granted the licence that he was claiming unless his name is registered with Mizoram Pharmacy Council. Accordingly on 22-11-2000 petitioner deposited the requisite fees for the purpose and submitted all requisite documents. On pretext of his having no requisite licence the Drug Inspector Pu Lalsawma, being inimical to him, seized some drugs from his pharmacy and only after several representations and intervention of Minister the same were released by the Drug Inspector concerned who filed Criminal complaint against him for allegedly violating provisions of Drugs and Cosmetics Act, 1940 before Deputy Commissioner, Kolasib. (Case No. 16/2001 u/Ss. 28-A, 27(b)(ii) of Drugs and Cosmetics Act, 1940).